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  • Chukwuma Azubuko v. Rya Zobel, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Chukwuma E. Azubuko. The court dismissed the appeal for lack of jurisdiction because Azubuko failed to file a timely notice of appeal within 60 days of the district court's order denying his motion for relief, as required. The district court order was entered on August 23, 2012 but Azubuko did not file his notice of appeal until December 10, 2012, which was beyond the 60 day deadline.

    Descrizione originale:

    Filed: 2013-04-01 Precedential Status: Non-Precedential Docket: 12-2546

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Chukwuma E. Azubuko. The court dismissed the appeal for lack of jurisdiction because Azubuko failed to file a timely notice of appeal within 60 days of the district court's order denying his motion for relief, as required. The district court order was entered on August 23, 2012 but Azubuko did not file his notice of appeal until December 10, 2012, which was beyond the 60 day deadline.

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    Public Domain
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    5 visualizzazioni2 pagine

    Chukwuma Azubuko v. Rya Zobel, 4th Cir. (2013)

    Caricato da

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Chukwuma E. Azubuko. The court dismissed the appeal for lack of jurisdiction because Azubuko failed to file a timely notice of appeal within 60 days of the district court's order denying his motion for relief, as required. The district court order was entered on August 23, 2012 but Azubuko did not file his notice of appeal until December 10, 2012, which was beyond the 60 day deadline.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-2546

    CHUKWUMA E. AZUBUKO,
    Plaintiff - Appellant,
    v.
    RYA W. ZOBEL, Judge, Individual and Official Capacities; LEO
    T. SOROKIN, Magistrate Judge, in Official Capacity; TWO
    UNKNOWN UNITED STATES MARSHALS, in Official Capacity; JOEL
    STEMBRIDGE, in Individual and Official Capacities; JOEL E.
    PISANO, Judge, in Individual and Official Capacities; MARCIA
    M. WALDRON, Third Circuit Clerk, in I/O Capacities,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    Liam OGrady, District
    Judge. (1:12-cv-00871-LO-TCB)

    Submitted:

    March 28, 2013

    Decided:

    April 1, 2013

    Before NIEMEYER, KING, and KEENAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Chukwuma E. Azubuko, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Chukwuma

    E.

    Azubuko

    seeks

    to

    appeal

    the

    district

    courts order denying his motion for relief from the judgment
    dismissing his complaint for lack of jurisdiction.

    We dismiss

    the appeal for lack of jurisdiction because the notice of appeal


    was not timely filed.
    When the United States or its officer or agency is a
    party, the notice of appeal must be filed no more than sixty
    days after the entry of the district courts final judgment or
    order, Fed. R. App. P. 4(a)(1)(B), unless the district court
    extends the appeal period under Fed. R. App. P. 4(a)(5), or
    reopens the appeal period under Fed. R. App. P. 4(a)(6).
    timely

    filing

    of

    notice

    jurisdictional requirement.

    of

    appeal

    in

    civil

    case

    [T]he
    is

    Bowles v. Russell, 551 U.S. 205,

    214 (2007).
    The district courts order was entered on the docket
    on August 23, 2012.

    The notice of appeal was filed on December

    10, 2012. Because Azubuko failed to file a timely notice of


    appeal or to obtain an extension or reopening of the appeal
    period, we dismiss the appeal.

    We dispense with oral argument

    because the facts and legal contentions are adequately presented


    in the materials before this court and argument would not aid
    the decisional process.
    DISMISSED
    2

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